Any person serving in or with the Armed Forces of the United
States, in or with the Red Cross, in or with the United States Merchant Marine,
during any time when a state of hostilities exists between the United States
and any other power, who has been reported or listed by the appropriate federal
agency as missing in action or as a prisoner of war for a period of one year,
shall be an "absentee in military service" within the meaning of this
Chapter. (1973, c. 522, s. 1; 2011-183, s. 25.)

§ 28B-2. Action for receiver;
jurisdiction; contents of complaint.

(a) Whenever any absentee in military action as
defined in this Chapter has an interest in any form of property in this State
and has not provided an adequate power of attorney authorizing another to act
in his behalf in regard to such property or interest, any person who would have
an interest in the property or estate of the absentee in military service were
such absentee in military service deceased, or any person who is dependent on
such absentee in military service for his maintenance or support, may commence
an action for the appointment of a receiver to care for the estate of the
absentee in military service by filing a verified complaint in the superior
court in the county of domicile of the absentee in military service or in any
county where his property is situated.

(b) The complaint shall show the following:

(1) The name, age,
address, relationship of the person filing the complaint to the alleged
absentee, and the interest of that person in the property of the absentee in
military service or his dependency upon the absentee in military service for
his maintenance and support.

(2) The name, age, and
address of all persons who would have an interest in the estate of the absentee
in military service were he deceased and the name, age, and address of all persons
dependent upon him for their maintenance and support.

(3) The name, age, and
last known address of the absentee in military service.

(4) The date on which
the absentee in military service was first reported as missing or captured by
the appropriate federal agency, and, as far as is known, the circumstances
surrounding his absence.

(5) The necessity for
and the reasons why a receiver should be appointed.

(6) Whether or not the
person alleged to be an absentee in military service has a will and the whereabouts
of said will.

(7) So far as known, a
schedule of all his property within this State, including property in which he
is co-owner with or without the right of survivorship. (1973, c. 522, s. 2.)

§ 28B-3. Notice; hearing; guardian ad litem.

(a) Notice of the hearing on the complaint to appoint
a receiver shall be given to all persons named in the petition by registered
mail or certified mail with return receipt requested.

(b) The judge shall hear evidence on the questions of
whether the person alleged to be missing or captured is an absentee in military
service as defined by G.S. 28B-1, on the question of the necessity for the
appointment of a receiver, and on the question of who is entitled to
appointment as the receiver.

(c) The court may in its discretion appoint a guardian
ad litem to represent the alleged absentee in military service at the hearing.
(1973, c. 522, s. 3.)

§ 28B-4. Order of appointment.

(a) If after the hearing, the court is satisfied that
said person is, in fact, an absentee in military service as defined in G.S. 28B-1
and that it is necessary that a receiver be appointed, he shall appoint a
receiver of the estate and property of said absentee in military service under
the supervision and subject to the further orders of the court.

(b) In the appointment of a receiver, the court shall
give due consideration to the appointment of the spouse or one of the next of
kin of the absentee in military service if such spouse or next of kin is a fit
and proper person and is qualified to act. (1973, c.
522, s. 4.)

§ 28B-5. Bond; inventory; accounting.

(a) Before receiving any property the judge shall
require the receiver to qualify by giving bond in an amount and with surety
approved by him.

(b) Within 30 days after the date of his appointment,
the receiver shall file an inventory of all of the property of the absentee in
military service taken in charge. Every year thereafter, within 30 days of the
anniversary date of his appointment the receiver shall file a full and complete
inventory and accounting with the clerk of superior court under oath, of the
amount of property received by him, or invested by him, and the manner and
nature of such investment, and his receipts and disbursements for the past
year in the form of debit and credit. The clerk shall inspect and audit the
inventory and accounting and if he approves the same he shall endorse his
approval thereon, which shall be deemed prima facie evidence of correctness. If
the clerk finds evidence of misconduct or default on the part of the receiver
he shall report the same to the court. In such event, the procedures found in
G.S. 28B-7(b) shall be followed. (1973, c. 522, s. 5.)

§ 28B-6. Powers and duties of receiver.

(a) Under the direction of a judge, the receiver shall
administer the property of the absentee in military service as an equity
receivership with the following powers:

(1) To take custody and
control of all property of the absentee in military service wherever situated.

(2) To collect all debts
due to the absentee in military service and pay all debts owed by him.

(3) To bring and defend
suits.

(4) To pay insurance
premiums.

(5) With the approval of
the judge in each instance, to continue to operate and manage any business
enterprise, farm or farming operations, and to make necessary contracts with
reference thereto.

(6) With the approval of
the judge in each instance, to renew notes and other obligations, obtain loans
on life insurance policies, and pledge or mortgage property for loans necessary
in carrying on or liquidating the affairs of such absentee in military service.

(7) With the approval of
the judge in each instance, to institute proceedings to partition property
owned by the absentee and another as joint tenants or tenants in common, with
or without the right of survivorship; provided, in the case of property owned
by the absentee in military service and spouse as tenants by the entirety, such
proceedings may be instituted only if the spouse of the absentee in military
service consents in writing to the partitioning, and, in the event of
partitioning, one half of the property or proceeds shall belong to the spouse
and one half shall belong to the receiver as property of the absentee in
military service.

(8) With the approval of
the judge in each instance, to sell, lease, invest, and reinvest any or all
property, its income, or its proceeds.

(9) To pay over or apply
the proceeds of mortgage and sales of such portion, or all of the property or
the income thereof, as may be necessary for the maintenance and support of the
dependents of the absentee in military service. If the income from the property
of the absentee in military service is not sufficient to pay all of his debts
and to provide for the maintenance and support of his dependents, the receiver
may apply to the judge for an order to sell or mortgage so much of the real or
personal property as may be necessary therefor. Such sale or mortgage shall be
reported to the judge, and if approved and confirmed by the judge, the receiver
shall execute the required conveyances or mortgages of such property to the
purchaser or lender upon his complying with the terms of sale or mortgage.

(b) The judge may, in his discretion, by written
order, modify, add to, or subtract from the statutory powers granted in this
section. (1973, c. 522, s. 6.)

§ 28B-7. Resignation and removal.

(a) A receiver appointed under authority of this
Chapter may resign and his successor be appointed by complying with the
provisions set forth in G.S. 36-9 through 36-18.2.

(b) If, after a receiver has been appointed, it is
made to appear to the court upon the filing of a complaint or upon information
received that the person appointed as receiver of the estate and property of
the absentee in military service is legally incompetent, or that such person
has been guilty of default or misconduct in due execution of his office, or
that his appointment was obtained by false representation, or that such person
has removed himself from this State, the court shall issue an order requiring
such person to show cause why his appointment as a receiver should not be
revoked. Upon the removal of a receiver of the estate or property of an
absentee in military service, the court shall immediately appoint his
successor. Pending any suit or proceeding between parties respecting such
revocation, the clerk of superior court is authorized to make such
interlocutory orders as may tend to better secure the estate and property of
the absentee in military service. (1973, c. 522, s.
7.)

§ 28B-8. Termination of receivership.

(a) At any time upon petition signed by the absentee
in military service, or on petition of an attorney-in-fact acting under an
adequate power of attorney granted by the absentee in military service, the
court shall direct the termination of the receivership and the transfer of all
property held thereunder to the absentee in military service or to the
designated attorney-in-fact.

(b) If at any time subsequent to the appointment of a
receiver it shall appear that the absentee in military service has died and an
executor or administrator has been appointed for his estate, the court shall
terminate the receivership, certify all proceedings under the receivership to
the clerk of superior court, and transfer all property of the deceased absentee
in military service held thereunder to such executor or administrator.

(c) When the need for a receivership terminates, the
receiver shall promptly file a final inventory and accounting and his
application for discharge with the court. If it appears to the court that the
inventory and accounting are correct and that the receiver has made full and
complete transfer of the assets of the absentee in military service as
directed, the court may approve the inventory and accounting and discharge the
receiver. If objections to the final inventory and accounting are filed, the
court shall conduct a hearing under the same conditions for a hearing on
objections to the annual accounting and inventory.

(d) Such discharge shall operate as a release from the
duties of the receivership and as a bar to any suit against said receiver or
his surety, unless such suit is commenced within one year from the date of
discharge. (1973, c. 522, s. 8.)

(a) If the spouse of any person defined as an absentee
in military service by this Chapter, or his next of kin, if said absentee in
military service has no spouse, shall wish to sell or transfer any property of
the absentee in military service which has a gross value of less than five
thousand dollars ($5,000), or shall require the consent of the absentee in
military service in any matter regarding the children of the absentee in
military service, or in any other matter in which the gross value of the
subject matter is less than five thousand dollars ($5,000), such spouse may
apply to the superior court for an order authorizing said sale, transfer, or
consent without opening a full receivership proceeding as provided by this
Chapter. Said application shall be made by petition on the following form,
which form shall be made available to the applicant by the clerk of the
superior court:

STATE OF NORTH CAROLINA

______COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

In re: (absentee), PETITION FOR
SUMMARY APPOINTMENT OF RECEIVER NOW COMES, (name of petitioner), petitioner in
this action, pursuant to G.S.______, and requests the Court that he be
appointed a receiver to sell/transfer (describe property) of the value of
(value) because (give reasons). Petitioner is______ years of age, resides at
(address) in ______ County, North Carolina, and is the (relation) of (name of
absentee) who has been (pow or mia) since (date of notification). The terms of
the sale/transfer are (terms). Petitioner requires the consent of the absentee
for the purpose of (give reasons).

(Signature)
__________________________

The above named, ______, being by me duly sworn, says the
foregoing petition is true and correct to the best of his knowledge.

____________________________________

Notary
Public

My
commission expires __________

(b) The court shall, without hearing or notice, enter
an order on said petition if it deems the relief requested in said petition
necessary to protect the best interest of the absentee in military service or
his dependents.

(c) Such order shall be prima facie evidence of the
validity of the proceedings and the authority of the petitioner to make a
conveyance or transfer property or to give the consent of the absentee in
military service in any matter prescribed by subsection (a). (1973, c. 522, s. 9.)

(a) If the spouse, or the next of kin if there is no
spouse, of any person defined as an absentee in military service under this
Chapter shall wish to sell, lease, or mortgage specific property having a gross
value of five thousand dollars ($5,000) or more owned by the absentee in
military service or in which the absentee has an interest, or take specific
action with respect to any interest of the absentee in military service having
a gross value of five thousand dollars ($5,000) or more, such spouse may file a
complaint with the superior court for an order authorizing the action with
respect to such property or interest.

(b) The complaint shall contain all of the information
called for by G.S. 28B-2(b) and, in addition, shall contain a description of
the specific property or interest and the disposition to be made of it.

(c) The court shall hear evidence on the question of
whether the person alleged to be missing or captured is an absentee in military
service as defined by G.S. 28B-1 and on the question of whether the action in
question should be authorized. Any person interested in such proceedings may
intervene with leave of the court.

(d) The court may in its discretion appoint a guardian
ad litem to represent the alleged absentee in military service at the hearing.

(e) If, after hearing, the court is satisfied that the
person alleged to be an absentee in military service is, in fact, an absentee
in military service as defined in G.S. 28B-1, and that the action is in the
best interest of the absentee in military service and his dependents, the court
shall enter an order appointing the petitioner as receiver for the purposes of
the specific action which is the subject of the complaint and authorizing the
receiver to take the specific action requested in the complaint. The court
shall require the receiver to account for the proceeds of the specific sale,
the specific lease, or other specific action. The court may retain jurisdiction
of the proceeding to make such further orders as it deems proper.

(f) Such order shall be prima facie evidence of the
validity of the proceedings and the authority of the petitioner to take the
specific action requested.

(g) Other property of the absentee in military service
not the specific subject of the complaint is not affected in any manner by the
filing of such complaint as provided for in this section. (1973, c. 522, s. 10.)